Section 41-4-311 – Others Contesting Rights of Original Claimants; When Permitted; Procedures Generally.
41-4-311. Others contesting rights of original claimants; when permitted; procedures generally. Whenever the rights to the use of the waters of any stream and all its tributaries within the state have been adjudicated as provided by law, and it shall appear by the records of such adjudication that it had not been had at one […]
Section 41-4-312 – Others Contesting Rights of Original Claimants; Notice to Superintendent; Time Limits; Affidavit; Notice of Hearing Generally.
41-4-312. Others contesting rights of original claimants; notice to superintendent; time limits; affidavit; notice of hearing generally. Should any person, corporation or association of persons owning any irrigation works, or claiming any interest in the stream or streams involved in the adjudication, desire to contest any of the rights of the persons, corporations or associations […]
Section 41-4-313 – Others Contesting Rights of Original Claimants; When Hearing to Be Held; Notice; Powers of Superintendents; Proceedings Generally.
41-4-313. Others contesting rights of original claimants; when hearing to be held; notice; powers of superintendents; proceedings generally. Said superintendent shall also fix the time, both as to the day and hour, for the hearing of said contest, which date shall not be less than thirty (30) nor more than sixty (60) days from the […]
Section 41-4-314 – Others Contesting Rights of Original Claimants; Daily Deposit Required During Hearings; Cost of Preparation of Transcript; Disposition of Moneys Deposited Upon Close of Hearing.
41-4-314. Others contesting rights of original claimants; daily deposit required during hearings; cost of preparation of transcript; disposition of moneys deposited upon close of hearing. The superintendent shall require a deposit of eight dollars ($8.00) from each of the contestants and contestees for each day he shall be so engaged in taking evidence on said […]
Section 41-4-305 – Notice; Enclosure of Form for Statement by Claimant; Contents.
41-4-305. Notice; enclosure of form for statement by claimant; contents. (a) Said division superintendent shall, in addition, enclose with said notice a blank form on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; […]
Section 41-4-306 – Notice; Statements to Be Under Oath; Administering.
41-4-306. Notice; statements to be under oath; administering. Each of said claimants shall be required to certify to his statements under oath, and the superintendent of the water division in which the testimony is taken is hereby authorized to administer such oaths, which shall be done without charge to the claimant, as also shall be […]
Section 41-4-307 – Notice; Payment of Printing Costs.
41-4-307. Notice; payment of printing costs. All bills for the printing of notices to claimants of water in the adjudications provided for in this act shall be paid for by the secretary of the state board of control.
Section 41-4-308 – Taking of Testimony Generally; Taking of Proof.
41-4-308. Taking of testimony generally; taking of proof. Upon the date named in the notice provided for in the preceding sections, the division superintendent shall begin the taking of testimony and shall continue until the testimony shall be completed; provided, that in case the division superintendent of any water division is directly or indirectly interested […]
Section 41-4-309 – Notice on Completion of Testimony; Inspection of Evidence.
41-4-309. Notice on completion of testimony; inspection of evidence. Upon the completion of the taking of evidence by the division superintendent, it shall be his duty to at once give notice, in one (1) issue of some newspaper of general circulation in the county where such determination is, and by registered mail to the various […]
Section 41-4-310 – Duty of Claimants to Appear; Failure to Comply; Time Limits for Appearance; Rights of Claimant Not Notified of Adjudication.
41-4-310. Duty of claimants to appear; failure to comply; time limits for appearance; rights of claimant not notified of adjudication. Whenever the state board of control shall, as provided by law, proceed to adjudicate and determine the rights of the various claimants to the use of water upon any stream or other body of water, […]